[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Notices]
[Pages 55429-55430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8076]


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DEPARTMENT OF COMMERCE.

International Trade Administration

[A-427-801]


Ball Bearings and Parts Thereof from France: Notice of Court 
Decision Not in Harmony

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce
SUMMARY: On September 1, 2006, the United States Court of International 
Trade affirmed in part and struck in part the Department of Commerce's 
redetermination on remand of the final results of the administrative 
review of the antidumping duty order on ball bearings and parts thereof 
from France. See SKF USA Inc., SKF France S.A., and Sarma v. United 
States, Court No. 03-00490, slip op. 06-133 (CIT 2006). The Department 
is now issuing this notice of court decision not in harmony with the 
Department's determination.

EFFECTIVE DATE: September 22, 2006.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Richard Rimlinger, 
AD/CVD Operations, Office 5, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-5760 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 16, 2003, the Department of Commerce (the Department) 
published the final results of the administrative review of the 
antidumping duty order on ball bearings and parts thereof from France 
for the period May 1, 2001, through April 30, 2002. See Ball Bearings 
and Parts Thereof from France, et al.; Final Results of Antidumping 
Duty Administrative Reviews, Rescission of Administrative Reviews in 
Part, and Determination Not to Revoke Order in Part, 68 FR 35623 (June 
16, 2003). SKF France S.A., SKF USA Inc., and Sarma (hereafter ``SKF'') 
filed a lawsuit challenging the final results. On August 24, 2005, the 
United States

[[Page 55430]]

Court of International Trade (CIT) ordered the Department to re-
evaluate and re-examine its decision by providing evidentiary support 
for using partial adverse facts available unrelated to SKF's alleged 
failure to offer evidence at verification or, in the alternative, to 
recalculate SKF's margin using SKF's own information. See SKF USA Inc., 
SKF France S.A., and Sarma v. United States, 391 F. Supp. 2d 1327, 1337 
(CIT 2005). In accordance with the CIT's remand order in SKF, 391 F. 
Supp. 2d at 1337, the Department filed its redetermination on remand of 
the final results (remand results) on December 21, 2005. On September 
1, 2006, the CIT affirmed in part and struck in part the Department's 
remand results. The stricken parts of the remand results do not affect 
the weighted-average margin the Department recalculated for SKF in the 
remand results. See SKF, slip op. 06-133.

Decision Not in Harmony

    The CIT ruled that the Department's decision to use partial facts 
available with respect to SKF's margin calculation was not supported by 
substantial evidence on the record. The changes to our calculations 
with respect to SKF resulted in a change in the weighted-average margin 
for ball bearings and parts thereof from 6.70 percent to 6.19 percent 
for the period of review. Accordingly, absent an appeal or, if 
appealed, upon a ``conclusive'' decision by the CIT, we will amend our 
final results of this review to reflect the recalculation of the margin 
for SKF.

Suspension of Liquidation

    The United States Court of Appeals for Federal Circuit (CAFC) held 
that the Department must publish notice of a decision of the CIT or the 
CAFC which is not in harmony with the Department's determination. See 
The Timken Company v. United States, 893 F.2d 337, 341 (Fed. Cir. 
1990). Publication of this notice fulfills that obligation. The CAFC 
also held that, in such a case, the Department must suspend liquidation 
until there is a ``conclusive'' decision in the action. Id. Therefore, 
the Department must suspend liquidation pending the expiration of the 
period to appeal the CIT's September 1, 2006, decision or pending a 
final decision of the CAFC if that decision is appealed.
    Because entries of ball bearings and parts thereof from France 
produced by, exported to, or imported into the United States by SKF are 
currently being suspended pursuant to the court's injunction order in 
effect, the Department does not need to order U.S. Customs and Border 
Protection to suspend liquidation of affected entries. The Department 
will not order the lifting of the suspension of liquidation on entries 
of ball bearings and parts thereof made during the review period before 
a court decision in this lawsuit becomes final and conclusive.
    We are issuing and publishing this notice in accordance with 
section 516A(c)(1) of the Tariff Act of 1930, as amended.

    Dated: September 12, 2006.
Barbara E. Tillman,
Acting Assistant Secretary for Import Administration.
[FR Doc. 06-8076 Filed 9-21-06; 8:45 am]
BILLING CODE 3510-DR-S